where it has been transhipped, subject to subsection (5), without a transhipment certificate; and

(b)

game or prohibited meat, whether directly imported or transhipped, otherwise than with the permission in writing of a health officer and subject to such conditions as he may impose.

4(2)

Meat or poultry may be imported without an official certificate subject to the permission in writing of a health officer and to such conditions as he may impose.

4(3)

Where a person imports game, meat, poultry or prohibited meat under subsection (1) or (2) a health officer may-

(a)

require the person who imports such game, meat, poultry or prohibited meat to submit it for inspection by a health inspector on arrival; and

(b)

impose such conditions or issue such directions with regard to the imported game, meat, poultry or prohibited meat as he may consider desirable for the purpose of ensuring that it is sound, wholesome or fit for human consumption.

4(4)

For the purposes of this section, meat or poultry is deemed to be transhipped if it is consigned to Hong Kong from the country of origin but before being imported into Hong Kong is unloaded in another country and either-

(a)

returned to the same vessel or aircraft or vehicle from which it was unloaded; or

(b)

transferred to another vessel or aircraft or vehicle before being exported from that country, whether it is transferred directly between such vessels or aircraft or vehicles or whether it is stored pending exportation.

4(5)

No transhipment certificate shall be required in respect of meat or poultry imported into Hong Kong in sealed refrigerated containers, where the person who imports the meat or poultry establishes to the satisfaction of a health officer that the seals of the containers have remained intact and have not been tampered with in any manner in the course of their journey from the country of origin to Hong Kong.

Procedure for export, destruction or disposal of game, meat, poultry or prohibited meat imported in contravention of section 4

5(1)

If upon the report of a health inspector who has examined any game, meat, poultry or prohibited meat it appears to a health officer that-

(a)

the meat or poultry is being or has been imported in contravention of section 4(1)(a) or (2); or

(b)

the official certificate or the transhipment certificate accompanying the meat or poultry is incorrect or does not apply to Hong Kong; or

(c)

although accompanied by an official certificate and a transhipment certificate, where such is required, the meat or poultry is unfit for human consumption, unsound or unwholesome; or

(d)

game or prohibited meat has been imported without the permission of a health officer; or

(e)

any condition imposed under section 4(1)(b) or (2) has not been complied with; or

(f)

although game, meat, poultry or prohibited meat has been imported in accordance with section 4(1)(b) or (2) as the case may be, any condition or direction referred to in section 4(3) has not been complied with or it is unfit for human consumption, unsound or unwholesome,

the health officer shall by notice in writing addressed to the person in possession of the imported game, meat, poultry or prohibited meat direct that such person shall either surrender such game, meat, poultry or prohibited meat to the Authority or shall export it to its country of origin, in which event the person shall not part with possession of such game, meat, poultry or prohibited meat until it is exported.

5(2)

A notice under subsection (1) shall state-

(a)

that within the time specified in the notice, being not less than 48 hours after the notice is received, the person in possession of the imported game, meat, poultry or prohibited meat shall undertake in writing that, within 30 days from the date of the undertaking, he will either surrender the game, meat, poultry or prohibited meat to the Authority or export the game, meat, poultry or prohibited meat at his own expense; and

(b)

that if the game, meat, poultry or prohibited meat is surrendered or is not exported in accordance with the undertaking, the game, meat, poultry or prohibited meat may be destroyed or otherwise disposed of by the Authority under section 59 of the Ordinance.